- 1 - HC-KAR CNR: KAHC010336572026 NC: 2026:KHC:47125 WP No. 15152 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 15152 OF 2026 (SC/ST) BETWEEN: 1. SRI SATHYANARAYANA ELURI S/O RANGA RAO ELURI AGED ABOUT 65 YEARS 2. SMT. SUMATHI W/O MR. SATHYANARAYANA ELURI AGED ABOUT 61 YEARS BOTH ARE R/AT SY NO.237, SOPPAHALLI VILLAGE KASABA HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT …PETITIONERS (BY SRI. R SRINIVASA GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M S BUILDING BENGALURU - 560 001. REP BY THE PRINCIPAL SECRETARY, 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010336572026 NC: 2026:KHC:47125 WP No. 15152 of 2026 CHIKKABALLAPURA TALUK AND DISTRICT PIN - 562 101. 3. THE ASSISTANT COMMISSIONER CHKKABALLAPUR SUB-DIVISION CHIKKABALLAPUR - 562 101 4. THE TAHASILDHAR, CHKKABALLAPUR TALUK CHIKKABALLAPUR - 562 101 5. SHRI SHYAM SUNDER S/O MUNIYAPPA SOPPAHALLI VILLAGE KASABA HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT …RESPONDENTS (BY SMT.SAVITHRAMMA., AGA FOR R1 TO R3; R5 NOTICE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO QUASH THE ORDER DATED 06/04/2026 PASSED IN CASE NO.PTCL/09/2025 PASSED BY RESPONDENT NO.3 (ANNEXURE- B) BEING ILLEGAL, ARBITRARY, AND VIOLATIVE OF THE PRINCIPLES OF NATURAL JUSTICE ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR CNR: KAHC010336572026 NC: 2026:KHC:47125 WP No. 15152 of 2026 ORAL ORDER The land which is the subject matter of the writ petition was granted in favour of the original grantee in the year 1957. He belonged to the Scheduled Caste / Scheduled Tribe Community. The same was sold in the year 1982, without obtaining the necessary permission from the State, thereby in violation of Section 4(2) of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short "the PTCL Act"). Presently, the petitioners are the owners of the said land. However, after an inordinate delay of around 43 years from the date of sale, in the year 2025, the legal representative of the original grantee made an application under Section 5 of the PTCL Act, before respondent No.3 - the Assistant Commissioner, who has passed the impugned order, wherein he has allowed the said application and has ordered for restoration of the land in favour of the legal representative of the original grantee. Aggrieved by the same, the petitioners have - 4 - HC-KAR CNR: KAHC010336572026 NC: 2026:KHC:47125 WP No. 15152 of 2026 preferred an appeal, which is pending on the file of respondent No.2 - the Deputy Commissioner. As respondent No.2 - the Deputy Commissioner has not passed any orders, the present writ petition is filed with a prayer to set aside the order passed by respondent No.3 - the Assistant Commissioner. 2. As the petitioners are having an alternative and efficacious remedy before respondent No.2 - the Deputy Commissioner and the same is already invoked by the petitioners, the question of entertaining of the writ petition insofar it relates to challenging the order of respondent No.3 - the Assistant Commissioner does not arise. However, as there is an inordinate delay of 43 years in invoking the provisions of Section 5 of the PTCL Act from the date of sale, I am of the opinion that, it is a fit case for granting interim orders, staying the operation of the impugned order passed by respondent No.3 - the Assistant Commissioner and directing respondent No.2 - the Deputy Commissioner to dispose of the appeal in accordance with - 5 - HC-KAR CNR: KAHC010336572026 NC: 2026:KHC:47125 WP No. 15152 of 2026 law also by considering the fact of inordinate delay in preferring an application under Section 5 of the PTCL Act, which becomes fatal to the case of the applicant. Hence, the following: ORDER The Writ Petition is hereby disposed of, with a direction to respondent No.2 - the Deputy Commissioner to dispose of Appeal (SC/ST) PTCL No.53/2026, pending on his file, as expeditiously as possible. However, in the interregnum, there shall be stay of the operation of the impugned order dated 06.04.2026 bearing Case No.PTCL/09/2025 passed by respondent No.3 - the Assistant Commissioner. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 43